Originally from International Arbitration Court Decisions - 3rd Edition

THE NOGA CASE

SETTING ASIDE AND ENFORCEMENT PROCEEDINGS IN SWEDEN AND FRANCE

Table of contents
I. Background
by Sigvard Jarvin

II. Proceedings in the Swedish Courts
Observations by Patrik Schöldström

III. Proceedings in the French Courts
Observations by Emmanuel Gaillard

Background
The reader will recall the report of the NOGA case and of the seizure of the Russian tallship Sedov published in Stockholm Arbitration Report 2000:2, p. 89. In this present issue the question is of the procedures that followed in the courts of Sweden and France when the winning party in the arbitration sought to enforce the arbitral awards.

In Part II the reader will find abstracts of the judgements rendered by the Stockholm District Court on 17 June 1998 and the Svea Court of Appeals on 24 March 1999. These decisions are commented by Dr. Jur. Patrik Schöldström, Stockholm.

Thereafter in Part III, follow abstracts of the French decisions, notably the Paris Tribunal of First Instance’s (Paris Tribunal de Grande Instance) decision on 15 March 2000 and the decision of the Paris Court of Appeals on 22 March 2001. The French court decisions are commented by Professor Emmanuel Gaillard, Paris.

You will note under Professor Gaillard’s observations that further decisions are expected to be rendered in France, notably as a consequence of the decision rendered by the Brest Tribunal of First Instance with respect to the seizure of the Sedov. Hopefully, Stockholm Arbitration Report will have the opportunity of reporting on that case in one of its next issues.

Sigvard Jarvin
General Editor